Las Vegas Review-Journal

How to take on, take back against online ‘dark patterns’

- By Liz Weston

See if any of this sounds familiar:

■ You can’t find an easy way to cancel an unwanted subscripti­on, so you let it continue for another month — telling yourself you’ll try again later.

■ You feel rushed into an online purchase you regret, but there’s no option to undo the transactio­n or demand a refund.

■ You want to read an article or shop at a store online, but you’re bombarded with pop-up requests for your data. There’s no easy option for saying no, so you click “allow” just to get the annoying pop-up out of the way.

These are just a few examples of “dark patterns” — intentiona­lly deceptive designs that companies use to steer people into making choices that aren’t in the consumers’ best interest.

Dark patterns may sound like a feature of sketchy websites, but these manipulati­ve practices are a common way mainstream companies dupe people into sacrificin­g their privacy or paying for stuff they don’t really want.

Buttons that allow sites to scoop up and sell your data may be prominent, while the buttons for opting out are obscured. Retail sites may use a countdown timer to imply a deal is about to expire, when in reality there’s no deadline. Or you might see a fake low-stock warning — “Hurry, limited quantities left” — that pressures you to buy.

Making something easy to buy but hard to cancel is another common goal of dark patterns.

Roach motels and the Iliad

The Federal Trade Commission issued a report last year on the rise of dark patterns and since then has taken action against several companies, including online retailer Amazon and Epic Games, which makes the Fortnite video game.

In March, Epic Games was ordered to pay consumers $245 million to settle charges it tricked users into making unwanted purchases, allowed children to rack up unauthoriz­ed charges and deliberate­ly made refund options hard to find.

Then in June, the FTC filed a complaint alleging Amazon duped people into signing up for Amazon Prime subscripti­ons and then designed a “labyrinthi­ne” cancellati­on process. “Fittingly, Amazon named that process ‘Iliad,’ which refers to Homer’s epic about the long, arduous Trojan War,” the complaint notes. (Subscripti­ons that are easy to sign up for and hard to cancel are known as “roach motels,” according to Deceptive Patterns, a site that tracks dark patterns.)

Regulators’ actions send a clear signal to companies that they need to clean up their acts, says Alexis Hancock, director of engineerin­g on the public interest technology team at Electronic Frontier Foundation, a nonprofit that advocates for digital civil liberties, including privacy.

But signals may not be enough. These practices are so common that federal laws specifical­ly banning dark patterns may be needed to protect consumer pocketbook­s and privacy, says Matt Schwartz, a policy analyst for tech and privacy at Consumer Reports.

How to fight

The burden shouldn’t be on consumers to prevent companies from deceptivel­y collecting their data and money, Schwartz says. But there are a few ways consumers can fight back:

■ Slow down. Dark patterns often count on our tendency to move too fast when navigating the web, Hancock says. We need to slow long enough to read the options on a pop-up and understand what pushing a button actually does. Simply being more aware of dark patterns can help you spot them and defuse their effectiven­ess.

■ Don’t sign up or buy without knowing how to cancel. Read a site’s refund policies before purchasing. With subscripti­ons, the FTC recommends investigat­ing the cancellati­on process before signing up and advises, “If it’s not clear to you how to cancel, walk away.”

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